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U.S. v. MARTINEZ

Crim. No. 11-490.

982 F.Supp.2d 421 (2013)

UNITED STATES of America v. Edgardo MARTINEZ.

United States District Court, E.D. Pennsylvania.

October 7, 2013.

Attorney(s) appearing for the Case

Arlene D. Fisk, U.S. Attorney's Office, Philadelphia, PA, for United States of America.

MEMORANDUM

DIAMOND, District Judge.

In 2011, Defendant Edgardo Martinez, a suspect in a 2006 New Jersey homicide, was detained in Philadelphia by police who were executing an "Emergent Order for Investigative Detention" to collect Defendant's DNA. Under New Jersey law, such an "Emergent" Order — once signed by a New Jersey Superior Court Judge — authorizes the police, on less than probable cause, to detain a suspect to obtain evidence...

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